Tag: Commonwealth

‘February in history’: Himal Southasian

“What happened in the Maldives on 7 February this year has been the subject of constant debate ever since. The completion of the investigation into these events last month did little other than confirm the one thing that everybody already knew: that the winners of the power struggle that day were those who found themselves in charge come 8 February,” writes Daniel Bosley for Himal Southasian magazine.

“The old maxim that history is written by the victors appeared to have been borne out as the Commission of National Inquiry (CoNI) not only absolved all those in the current government of any wrongdoing in the suspicious ousting of former president Mohamed Nasheed, but also laid upon Nasheed the blame for all the events preceding his resignation.

After a quasi-legal investigation, the final report read more like a political justification for the removal of an opponent than a genuine attempt to untangle the confusion surrounding the events, which many believe to have been a coup d’état.

After half a year, the addition of two new members, and an additional month’s delay, the commission’s credibility was already under question. It came as no surprise, then, that the final draft brought no real agreement over the circumstances surrounding Mohamed Waheed Hassan’s ascension to the presidency.

What the CoNI report has done, however, is to enter the first official account of the fateful day’s events in the ledger of Maldivian history. Anti-climactic and unsatisfactory, can the CoNI still mark the beginning of a new chapter in Maldivian democracy?”
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CNI report “turning point for the Maldives to leave the past behind”: McKinnon

The Commonwealth Secretary-General’s Special Envoy to the Maldives, Sir Donald McKinnon, has described the report by the Commission of National Inquiry (CNI) as a “turning point for the country to leave the past behind and move forward.”

The report, focused on the events of February 6 to 8, claimed there was no evidence to support allegations by former President Mohamed Nasheed that he was ousted in a coup d’état, that his resignation was under duress, or that there was any mutiny by the police and military. It also urges action be taken against police for human rights abuses committed on February 6-8.

Former President Mohamed Nasheed accepted the report, subject to reservations, but criticised it as leaving the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

In a statement, McKinnon said “The Commission’s report provides key recommendations on issues that need to be addressed to strengthen democratic practice in Maldives. I am heartened to hear the commitment of the government to take forward key reforms to strengthen democratic institutions.”

Home Minister Mohamed Jameel has meanwhile said responsibility for investigating and taking action against police lay with the Police Integrity Commission (PIC).

However President of the PIC Shahinda Ismail has publicly expressed concern over the commission toothlessness.

Article 44 of the Police Act states that any parties handed recommendations by the PIC can choose not to act on them if they inform the commission of the decision in writing.

“[Jameel] is not really bound by the act,” Ismail said, stating that this clause had already resulted in the Home Minister ignoring recommendations forwarded to him.

The PIC chair gave the example of a case involving police officer Ali Ahmed, whom she said had been adjudged unfit to continue to serve by the commission. Shahinda claimed the case had been forwarded to the Home Minister.

“I know for a fact he is still a policeman and was promoted after this incident” she said.

“It is really upsetting – a huge concern – for me that the police leadership is showing a trend where unlawful officers are acting with impunity. This can only lead to further violence.”

Amnesty International – which has published its own report into police brutality and human rights violations of February 6-8 – echoed Ismail’s concerns. The report was slammed by Home Minister Jameel as “biased” and “one-sided”.

“Government officials have frequently shrugged off their own responsibility to address human rights violations, saying it is the purview of the Human Rights Commission (HRCM) and the PIC,” said Amnesty’s researcher in the Maldives, Abbas Faiz.

“Without an end to – and accountability for – these human rights violations, any attempt at political reconciliation in the Maldives will be meaningless,” Faiz said.

In his statement, McKinnon urged that “Democracy is not just the responsibility of the government, but also of every institution and all citizens. Democracy is not a destination, but a journey. I hope that every institution, political party and individual citizen will make it their business to be part of that journey.”

The Maldives meanwhile remains on the agenda of the Commonwealth Ministerial Action Group (CMAG), the international body’s democracy and human rights arm. The matter is expected to be reviewed at the group’s meeting on September 28-29.

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CMAG delays decision on Maldives

Following its teleconference yesterday, the Commonwealth Ministerial Action Group (CMAG) has delayed its decision on the Maldives’ potential removal from its investigative agenda until its next meeting on September 28.

Yesterday’s meeting was attended by all member countries, as well as the Commonwealth Secretary General Kamalesh Sharma and Special Envoy to the Maldives Sir Donald McKinnon, who had visited country earlier this week.

President’s Office Spokesman Masood Imad expressed confidence that the country would be taken off the agenda at the next meeting, saying that this move had been supported by all but one of those present for the teleconference.

“We have given in to all their demands. CMAG has been so much a part of our lives that we wanted to get out of it,” said Masood.

However, former Foreign Minister and current UN Special Rapporteur to Iran, Dr Ahmed Shaheed said that the Maldives’ removal from the agenda would be “a travesty”, given the government’s “reprehensible actions” following the CNI’s release.

“Things are not going well in the Maldives – the government is intent on persecuting Nasheed and the MDP (Maldivian Democratic Party)”, he added. “They seem hell bent on repressing the people.”

There have been strong calls from within the government for the country to be removed from the agenda after the Commonwealth’s approval of Commission of National Inquiry (CNI) which appeared to absolve government figures of any wrongdoing in the resignation of former President Mohamed Nasheed in February.

The release of the report was initially welcomed by a members of the international community, including, the EU, the United States, India, and the UN as well the Commonwealth itself.

“There was an expectation from the government that CMAG would rubber stamp the CNI report – this is far from realistic” said Shaheed, who suggested that these groups were welcoming the report’s release without necessarily welcoming the findings.

Observers representing the UN and the Commonwealth praised the independence and professionalism of the report.

CMAG placed the country on its formal agenda in February after it expressed its concerns over the precise nature of Nasheed’s resignation.

A member of CMAG itself, the Maldives was subsequently suspended from the group.

Local media yesterday reported that an emergency meeting of the cabinet had been called yesterday, although no details of the meeting had been revealed.

Today, Masood explained that the cabinet meeting was called simply to prepare for the CMAG’s anticipated decision.

“It is normal procedure to be prepared in this way, “ he explained.

Prominent members of the government, including State Minister for Foreign Affairs Dunya Maumoon, as well as Special Advisor to the President Dr Hassan Saeed have suggested that the Maldives may leave the Commonwealth should it not be removed from the CMAG agenda.

“I would now argue that if CMAG does not remove the Maldives from its agenda in its next teleconference on 11th of this month, we should end our relationship with the Commonwealth and look to other relationships that reflect modern realities of the world,” said Saeed in an article written for local newspaper Haveeru.

Dr Hassan was not responding to calls at the time of press.

Home Minister Mohamed Jameel Ahmed, told Minivan News earlier this week that Commonwealth should refrain from dictating the country’s national priorities.

“We appreciate their engagement, but [the Commonwealth] should also recognise our need to move forward and allow us to find local solutions to local problems,” said Jameel

In a statement sent to CMAG in preparation for the teleconference, the government maintained that the Maldives should be removed from the agenda, and that it should not have been placed on it in the first place.

“There is simply no justification for keeping the Maldives on the [CMAG] agenda,” read the statement, which went on to list reasons in support of its removal.

The reasons given, other than the apparent exoneration of the government by the CNI report, included its commitment to investigate issues of police brutality, the atmosphere of relative calm currently prevailing in the capital, and the detrimental effect being on the CMAG agenda was having on tourism and foreign investment.

The statement did, however, make mention of the government’s interest in expanding cooperations with the Commonwealth, particularly along the lines of strengthening institutions and “cultivating democratic values in the society.”

Shaheed today insisted that there was ample scope for the country to be kept on the agenda, drawing attention to CMAG’s revised mandate of October 2011, which he noted was championed by Nasheed himself.

“The revised mandate is not so much a punishment for countries but a safeguard for the people,” he said.

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Maldives likely to leave Commonwealth if not taken off CMAG agenda: Dunya

State Minister of Foreign Affairs and daughter of former President of 30 years Maumoon Abdul Gayoom, Dunya Maumoon, has said the Maldives would likely leave the Commonwealth if not removed from the formal agenda of the Commonwealth’s human rights and democracy arm.

Speaking at a press conference held in the Foreign Ministry on Wednesday, Dunya said, “We call on all the member countries of the Commonwealth Ministerial Action Group (CMAG) to remove us from the agenda at the earliest possible opportunity. We do not altogether deserve to have been put on this agenda”.

Dunya stated that following the release of the report by the Commission of National Inquiry (CNI), many foreign countries had complimented the commission’s work. While she expressed concerns that “reactions from two countries are somewhat worrying”, she declined to name either country.

President Mohamed Waheed’s government reformed the CNI at the Commonwealth’s request, to include a representative from Nasheed and a foreign legal authority as co-chair. The government requested a retired Singaporean judge, and G P Selvam was duly appointed.

The final report, published at the end of last month, concluded that the transfer of power on Feburary 7 was constitutional, that President Mohamed Nasheed’s resignation was not made under duress, and that there had not been a police or military mutiny. It also noted that there were “acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Nasheed’s representative Ahmed Saeed resigned from the CNI the evening prior to its publication, denouncing its credibility and alleging that the final report excluded testimony from key witnesses as well as crucial photo, audio and video evidence.

While subsequently accepting the report, Nasheed observed that it had effectively set a legal precedent under Maldivian law for the overthrow of an elected government through police or mob action.

This, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

CMAG ministers are due to consider the report in a teleconference on September 11.

Dunya said that should Maldives remain on the CMAG agenda following the teleconference, there were reservations within the government over whether the Maldives would choose to remain as a Commonwealth member.

She said there were a “huge number” of people who felt the Maldives should leave the intergovernmental organisation.

“Should the Maldives continue to be kept on the CMAG agenda, I have to say that there are a lot of citizens and very senior members of the government who have many serious concerns regarding whether the Maldives will stay on as a member of the Commonwealth,” Dunya said.

“There may not yet be an official decision by the President himself, or by any other high-level government official. We do not want to highlight this just yet. But from what I have heard, and the information I have received, there are a lot of people who no longer want [the Maldives]  to remain a Commonwealth members.”

Dunya’s comments were echoed by President Waheed’s Political Advisor, Dr Hassan Saeed.

“CMAG seems in no hurry to remove the country from its agenda. This is a continuing infringement on our sovereignty and is tantamount to holding us hostage,” Saeed wrote, in an article for local newspaper Haveeru.

“Since the publication of the CoNI report there has been absolutely no justification for keeping the Maldives on CMAG agenda –not even for a single day,” he claimed.

“In view of this I would now argue that if CMAG does not remove the Maldives from its agenda in its next teleconference on 11th of this month, we should end our relationship with the Commonwealth and look to other relationships that reflect modern realities of the world,” Saeed said.

The CMAG had placed Maldives on its formal agenda in February, at the time citing ‘the questions that remain about the precise circumstances of the change of the government, as well as the fragility of the situation in Maldives’ as reasons.

The government has maintained that the CMAG ‘lacked mandate’ to place Maldives on the agenda. Following this there has been multiple instances where the government had expressed disapproval in what it termed ‘interference’ by the Commonwealth.

Members from the coalition government has submitted bills in the parliament in late April to withdraw Maldives from the Commonwealth.

The government itself has said in March that it “may reconsider” membership in the Commonwealth.

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“I am very sceptical of the burden we will have to carry”: PIC chair

Chair of the Police Integrity Commission (PIC) Shahinda Ismail has said she is “very sceptical of the burden” the institution will have to carry following the publication last week of the Commission of National Inquiry’s (CNI) findings.

The comments were made after Minister of Home Affairs Dr Mohamed Jameel Ahmed yesterday said that the PIC would be tasked with investigating breaches of police conduct outlined in the CNI’s findings.

Of primary concern to Shahinda was the CNI’s lack of clarity regarding the cases the PIC was to investigate, as well as loopholes within the Police Act which made it difficult to implement PIC recommendations.

“After the CNI, it’s quite confusing when they have so vaguely blanketed the actions of the police. It would have been clearer to name specific incidents or policemen,” she said

Shahinda has questioned the ability of the PIC to follow through with this mandate after having had almost no contact with, or instruction from, the now-disbanded CNI.

“I was surprised at the dismantling of the CNI. There surely must be further questions from many people,” she said.

“After the Human Rights Commission (HRCM) completed their investigations, they sent a letter to us [to guide our work]. We would like something similar from the CNI,” she said.

Shahinda revealed that, throughout both versions of the CNI, the PIC had only had one meeting and received one letter from the commission.

The meeting involved mainly introductions and talk of future co-operation, whilst the letter from the CNI to the PIC asked only when its investigations into the events of February would be completed, she explained.

Referring to the CNI’s recommendations that the PIC, amongst other institutions, needed to be strengthened, Shahinda responded:

“My question would be – while I don’t claim the PIC is perfect – what information are they working with? Throughout their investigations, they showed no interest. There was no inquiry about specific incidents. To my knowledge, no one was summoned.”

Shahinda explained that the PIC was already investigating a number of incidents relating to February 7 and 8, making the lack of contact doubly confusing.

“They knew we were already investigating specific incidents – that’s what we do,” she said.

Shahinda also outlined what she saw as the weaknesses within the police act that, in certain cases, had allowed the Home Minister the option of ignoring PIC recommendations.

Article 44 of the Police Act states that any parties handed recommendations by the PIC can choose not to act on them if they inform the commission of the decision in writing.

“He is not really bound by the act,” said Shahinda, before alleging that this clause had already resulted in the Home Minister ignoring recommendations forwarded to him.

The PIC chair gave the example of a case involving police officer Ali Ahmed, whom she said had been adjudged unfit to continue to serve by the commission.  Shahinda claimed the case had been forwarded to the Home Minister.

“I know for a fact he is still a policeman and was promoted after this incident” she said.

“It is really upsetting – a huge concern – for me that the police leadership is showing a trend where unlawful officers are acting with impunity. This can only lead to further violence,” added Shahinda.

Dr Jameel was not responding to calls at the time of press.

Former President Mohamed Nasheed has recently expressed his belief that around 300 members of the security services were “undermining the public interest of the entire country”.

Following the findings of the CNI’s report, which concluded that Nasheed was not removed from power in a coup, he called for legal action to be taken against implicated officers.

Nasheed’s representative on the commission Ahmed ‘Gahaa’ Saeed resigned the day before the report was published, citing – amongst other things – withheld evidence and non-examination of crucial witnesses.

The report’s findings have been welcomed by the United States, India, and the United Nations as well as the Commonwealth, although the MDP has said it will lobby for the Commonwealth Ministerial Action Group (CMAG) to reconsider.

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Habitual protests “hindering Maldives development as a modern democracy”: CNI Advisers

International advisors to the Commission of National Inquiry (CNI) – Judicial Advisor Sir Bruce Robertson and Legal Advisor Professor John Packer – have defended the commission’s independence and professionalism in the wake of criticism from the MDP’s representative.

Ahmed ‘Gahaa’ Saeed resigned from the commission the evening prior to report’s publication, expressing concern that the CNI had experienced the withholding of evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed, and misleading translations.

“Four of the five members acted at all times with independence and integrity in carrying out the important task for the future of the nation,” stated Robertson and Packer, in an appendix to the report. “The other member was not at all times willing or able to act independently and resigned the evening before the report was submitted and published.”

Saeed’s resignation created “discord and mistrust” in a community “in desperate need of reconciliation”, the pair claimed, defending the professionalism of the CNI’s methods.

“We have seen nothing but objective and independent professionalism in the institution. The Commission has sensibly and sensitively heard all who wanted to make a contribution. It has firmly and fairly held participants to telling what they had heard and seen for themselves and deflected them from conjecture and speculation without facts.”

“The nation has been well served by the Commissioners and any assertions of bias or lack of objectivity levelled against those remaining have no justification. They reflect badly on those making unfounded allegations,” Packer and Robertson stated.

“For the evidence collecting exercise to have value all witnesses had to be questioned and challenged about their recollections of events and the basis for them. Equally they had to be confronted with alternative evidence so they had the opportunity to comment on it. Some found this process unsettling. Many were familiar and only comfortable with making assertions and not being required to justify or explain how they had reached their view,” they noted.

As the evidence unfolded, the advisors said they observed “a national obsession with street demonstrating at an alarming level”.

“Some would want to call [this] an example of the rights of freedom of expression and assembly. In reality it is rather more bully-boy tactics involving actual and threatened intimidation by a violent mob,” they stated.

“This perpetual behaviour is sapping public life and hindering the Maldives’ development as a modern democracy.”

The evidence revealed longstanding tensions in the Constitution as a result of a Presidential system being “grafted” on to a parliamentary system.

“The creation of independent commissions will only be the safety valve intended when they are adequately resourced and fulfil their mandates in a timely and decisive manner,” they observed.

Furthermore, “Fundamental to the operation of a modern democratic society is the existence of an operating and absolutely independent judiciary which has the confidence of the entire community. Radical action is required to breathe utility into much of the state framework, especially to ensure the proper administration of justice. This cannot wait.”

Dunya writes to McKinnon

The comments from the international advisers followed a letter sent to Commonwealth Envoy to the Maldives Sir Donald McKinnon by State Minister for Foreign Affairs Dunya Maumoon., daughter of former President Maumoon Abdul Gayoom.

In the letter, obtained by Minivan News, Dunya advises McKinnon that Saeed had “put the Commission’s work at risk by publicly questioning the credibility of its draft report, three days before its scheduled publication.

“He has also questioned the integrity of the highly respected senior judge from Singapore, Justice Selvam, the Co-Chair of the Commission, who was recruited by the Commonwealth. This is a disturbing development that could inflame the already heated political environment in the Maldives,” Dunya wrote.

She informed McKinnon that it was “time the Commonwealth puts into perspective the pattern of behavior by former President Nasheed since he resigned from the office of President, and ponders the credibility of his accusations and claims.”

“The government is committed to bringing stability into the country and cultivating the values of democracy in the Maldives,” she claimed.

“You may recall that while accepting Mr Saeed’s name to the CNI, the government made it very clear its strong reservations about Mr Saeed’s impartiality and independence because of his close associations with the MDP.

“We request you call upon former President Nasheed and his supporters in the MDP, as well as Mr Saeed, to stop their intimidatory actions and let the work of the CNI proceed to a successful conclusion. The Commonwealth’s valuable role in resolving the political tensions in the maldives is a critical one, and that role should also be seen to be fair as well,” Dunya wrote.

“Otherwise there is a risk that the country’s young democracy might be pushed into a steep decline where only chaos will reign.”

Former President Nasheed on Friday accepted the CNI’s report, subject to Saeed’s reservations, however he observed that the report had effectively set a legal precedent under Maldivian law for the overthrow of an elected government through police or mob action.

This, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

Minivan News is currently waiting for a response from MDP Spokesperson Hamid Abdul Ghafoor.

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“I realised it was all going wrong”: member Saeed on CNI’s final days

“I realised it was all going wrong,” recently resigned member of the Commission of National Inquiry (CNI) Ahmed ‘Gahaa’ Saeed told a press conference at Dharubaaruge this evening.

During the press conference, Saeed revealed comprehensive details of the admissions from the final CNI draft which led to his resignation on Wednesday.

“I did push for the initial extension, but this time around I realised that even if the time was extended, there was no possibility that the report would come out any different,” he said.

Saeed said that he had accepted the post because he had been deeply affected by the brutality and the injustice he observed in the events following February 6, and felt he could make a constructive contribution to the commission’s work.

He emphasised that he was not a politician and did not take up these responsibilities with any political interest in mind. Saeed provided a copy of a letter which he says was presented to the commission’s co-chairs on August 26 as well as a copy of his resignation letter.

The first letter, written on August 18, detailed Saeed’s concerns about the commission’s progress, which included the following:  withheld evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed, and organisation by the CNI secretariat.

“I feel compelled to formally register with you a number of issues that I believe, if left unaddressed, will seriously undermine the credibility of the report. I also believe these matters defeat the purpose for which the CNI was established,” read the August 26 letter, sent to the other members of the commission as well as Commonwealth Special Envoy, Sir Donald McKinnon, and members of the Commonwealth Ministerial Action Group (CMAG) – whose pressure led to his appointment.

Saeed told the press today that he had submitted his concerns regarding Singaporean Judge G.P. Selvam’s extended absences to the Commonwealth, but that he had so far not received a response.

He mentioned that there were a total of 31 days in which the commission was not able to work with the full commission’s presence, alluding to Selvam’s lengthy absence.

In responding to questions from media, Saeed said that Judge Selvam had brought gifts for the commission members ranging from dictionaries to perfume.

He said that the last gift, which had been offered along with the draft of the CNI report, was an Apple iPad for each member of the commission.

Saeed confirmed that while he had not accepted any of these gifts, the other commission members had.

Saeed also spoke of material worth thousands of Singaporean dollars that Judge Selvam had donated to the Villingili Hiya Children’s Center and the Maafushi Juvenile Detention Centre.

In the distributed letter, Saeed decried the fact that no CCTV footage from the police or the President’s Office had been made available to the commission.

“Only three out of eight CCTV cameras in and around MNDF have been provided and these have some crucial hours of footage missing,” wrote Saeed.

Saeed added that, “after much stonewalling”, he was simply told the footage was not available.

Saeed also wrote that the CNI was unable to access the information compiled by the Police Integrity Commission (PIC) despite repeated requests.

He also said that the Human Rights Commission of Maldives (HRCM) report was not received until August 16, describing the eventual report as “superficial and inconclusive”.

The letter suggested that key witnesses, believed to have played crucial roles in the events of February 7, appeared to have been coached – all giving standard responses to questions such as “no”, “I don’t know”, or “I can’t remember”.

Saeed also suggested that the non-cooperation of Deputy Leader of the Progressive Party of Maldives (PPM) Umar Naseer was unacceptable after he had made public statements detailing his role in Nasheed’s resignation.

He also alleged that the original members of the Commission (Dr Ibrahim Yasir, Dr Ali Fawaz Shareef and chairman Ismail Shafeeu) showed a lack of interest in witnesses, “rarely posing questions.”

Using the examples of MC Mohamed Hameed and Superintendant Adnan Anees, Saeed expressed his belief that pressure was being put on members of the security forces not to cooperate with the CNI.

He added that a number of potentially crucial witnesses had been transferred, sometimes overseas, “making it extremely hard or impossible for them to appear before the CNI.”

Writing 12 days before the report was due for release, Saeed had mentioned his concerns that a lot of evidence had yet to be reviewed in the limited time remaining.

The final point raised in the August 26 letter was the poor scheduling of the witnesses by the commission’s secretariat.

Saeed said that inadequate notice had been given to enable his preparations for questioning. He also suggested that the most important witnesses were scheduled at the least convenient times.

The quality of translations services provided by the secretariat were also criticised, being described as “inappropriate and to some extent misleading.”

Additional details of Saeed’s concerns came in the August 29 resignation letter in which he alleged that the reformed five-man commission had not reviewed the finding of the original three-man group, “despite inconsistencies”.

The resignation letter detailed that no officer from the Special Operations branch of the police force had been interviewed. “The CNI has not been able to ‘summon’ any of the alleged ‘perpetrators’ or ‘culprits’,” he wrote.

Saeed criticised the nature of the commission’s work, arguing that it lacked the “investigative powers to thoroughly probe accusations.” He mentioned that the group had been unable to access key individuals’ bank accounts or phone records.

In concluding the press conference, Saeed said that he felt the Commonwealth had welcomed the final CNI report even though Saeed himself had not signed it because after his resignation, he was no longer a part of CNI and his signature would no longer be needed.

Commonwealth Secretary-General Kamalesh Sharma has welcomed the release of the report by the Commission of National Inquiry (CNI), and urged “all concerned to respect the findings of the commission so that, moving forward, all actions and reactions reflect the sense of responsibility and restraint necessary in the best national interest.“

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Commonwealth endorses CNI, MDP claims report “legitimises coup”

Commonwealth Secretary-General Kamalesh Sharma has welcomed the release of the report by the Commission of National Inquiry (CNI), and urged “all concerned to respect the findings of the commission so that, moving forward, all actions and reactions reflect the sense of responsibility and restraint necessary in the best national interest.“

The report, delivered by Singaporean judge G. P. Selvam to President Mohamed Waheed Hassan on the morning of August 30, claimed there was no evidence to support claims by former President Mohamed Nasheed that he was ousted in a coup d’état, that his resignation was under duress, or that there was any mutiny by the police and military.

Regarding the resignation of Nasheed’s member on the Commission Ahmed ‘Gahaa’ Saeed, on the grounds that the commission had failed to consider key evidence, testimonies and phone recordings, Secretary-General Sharma said it “was unfortunate that Mr Saeed felt he must dissociate himself from the findings of the Commission.”

“I commend the members of the commission for the intensive work they did to produce the report. I also note the report identifies a number of important issues that need to be addressed regarding the basic institutions of democratic governance, notably the rule of law and administration of justice, the People’s Majlis (Parliament), and the media. This report provides an opportunity for all stakeholders to reflect calmly and carefully, and find a way forward based on dialogue, consensus and reconciliation.

“The task ahead for all Maldivians must be to strengthen democracy in the Maldives. An atmosphere of peace and public order is essential for that to happen,” Sharma said.

The Secretary-General’s Special Envoy to the Maldives, Sir Donald McKinnon, will shortly return to the country “to explore how the Commonwealth can assist Maldives to move forward in a peaceful and consensual manner, and how democratic institutions can be further strengthened,” he added.

Government now legitimate: Waheed

President Mohamed Waheed Hassan at a press conference declared his presidency “clearly legitimate”, following the report’s release: “It is time to stop questioning the legitimacy of the government. It is time to stop illegal activities and activities that go against generally acceptable social norms,” Waheed said.

“The Commission’s findings are clearly stated. I do not believe there is any room to raise any questions about the transfer of power.”

“Most of my time and that of my colleagues in government have been consumed in finding ways to contain the loss and minimise damage to people and country. With serious harm inflicted on our tourism industry, we had to work in partnership with the industry to find ways to overcome serious challenges. We had to respond to allegations made to discredit the government and its officials. Much work had to be done to explain the truth to the people of the Maldives and members of the international community,” Waheed stated.

“We should now ask ourselves how we have spent the last six months. What have we spent our energy on? How much have we damaged our economy due to the harm inflicted on our main industry? How have we lived as a people with fear in our hearts and no peace in sight? How much suffering have we endured as a people due to actions by some only to further their own interests? The damage to our economy and social fabric within the last six months cannot be easily recovered.”

Waheed further condemned public criticism of Selvam’s integrity, stating that “I would like to highlight that the personal attacks by some against members of the commission, especially the attacks on co-chair Justice Selvam’s character, are not acceptable in a civilised society.”

“May the Almighty Allah bestow upon the people of Maldives a better tomorrow. May Allah keep our country a peace loving nation. May Allah keep this land of ours independent and peaceful forever.”

Following the press statement given by President Waheed, the MDP called on an emergency National Executive Council Meeting in the Dharubaaruge conference hall.

A large number of MDP supporters gathered in and outside of Dharubaaruge after the report was released.

During the meeting, several members condemned the actions of Commission of National Inquiry (CNI) for the release of its “inaccurate” report on the controversial transfer of power that took place on February 7.

MDP Spokesperson MP Imthiyaz Fahmy, speaking at the meeting, said that the people would “forever remember” that what happened on February 7 “was a coup”, and said the party would not stop its calls for a “legitimate government”.

“Remember this: the Maldivian people will as long as they live remember that what happened on February 7 was a coup d’etat. What the CNI did was try to legitimise the coup, but truth will prevail. We will remain determined in our calls for a legitimate government,” Fahmy said.

Another attendee called on members of the party to launch “immediate direct action” and protest against the government until it gave way and held democratic elections.

Former Minister of Environment Mohamed Aslam observed that the CNI’s report implied that “anyone who wishes to become President can become so if they gather the support of the police and military.”

“What we saw was a coup d’etat. If we let such an offence go by without justice, this is a very bad precedent we are setting here, and the MDP will not let that happen. I ask all our members from among the islands to come to Male’ and join us in our cause,” he added.

Outside Dharubaaruge police entered into the amassing crowds, leading to verbal confrontations and some scuffles.

Minivan News observed one young woman being arrested for what nearby protesters alleged was “for taking photos of the police”.

After the confrontations, Special Operations (SO) officers stationed themselves at the two ends of Ameenee Magu in front of Dharubaaruge.

International response

The US State Department also issued a statement on August 30 calling on Maldivians “to respect the findings of the CNI.”

“Now that the commission has released its report we urge all parties to respect those findings, to exercise restraint, obey the rule of law, and continue to express themselves in a peaceful and nonviolent manner,” said State Department Spokesperson Victoria Nuland.

“Now is the time for all parties to work together through dialogue to chart a positive way forward that respects the Maldivian constitution, democratic institutions, human rights, and the will of the Maldivian people,” Nuland said.

India’s Ministry of External Affairs MEA issued a statement ahead of the report’s release saying that it was “essential for all stakeholders to demonstrate a sense of responsibility in respecting the outcome of the Commission’s report, and to express views on the report of the CNI with calm and restraint.”

“Actions that might adversely impact on the atmosphere of peace and tranquility in the Maldives need to be avoided. India hopes that all political parties in the Maldives would take up the issues arising out of the CNI report through a peaceful political dialogue, to make a way forward for resolving the political situation in the country,” the MEA statement read.

UN Secretary-General Ban Ki-Moon also issued a statement saying he “welcomed the start today of high-level political dialogue, and hopes that this leads to national reconciliation and a way of moving forward”, while at the same time expressing “concern at the prospect of renewed political tensions should any side not accept the outcome of the inquiry.”

“The secretary-general calls on the parties to respect the constitution, create a peaceful and transparent environment conducive to dialogue and take steps to strengthen democratic reform and institutions,” the statement read.

The EU meanwhile said it had “taken note of the release of the report of the Commission of National Inquiry on the events surrounding the transfer of power in the Maldives on 7 February.”

“It recalls that all political groupings had previously undertaken to respect the CNI’s findings, although the report would certainly have been controversial whatever the outcome. It is now more than ever essential that genuine efforts be made by all political actors to work together in the interests of the country to ensure that the democratic system is upheld; to allow the normal business of government to continue; and to prepare for free and fair elections, which should be held as soon as possible,” said Michael Mann, spokesperson for EU foreign affairs chief Catherine Ashton.

Next move

Former Foreign Minister to the Maldives and UN Special Rapporteur on Iran, Dr Ahmed Shaheed, said the results of the Commonwealth’s “shoddy” work was “very disappointing”.

“The problem appears to have been simple – they relied on the work of the former three member commission appointed by Waheed, including the timeline, which received no input from the MDP,” he said.

“This is a setback, largely because the MDP was too willing to make concessions to the government in terms of the CNI’s structure. The MDP should not have accepted Shafeeu [as co-chair], shouldn’t have accepted a judge from a specific country, and should have demanded two representatives. In our eagerness to cooperate, we underestimated Waheed’s lack of sincerity,” Dr Shaheed said.

Key witnesses, such as Deputy Leader of the former opposition Progressive Party of the Maldives (PPM), Umar Naseer, refused to attend when summoned.

“This was a commission of inquiry and it places the burden of proof on Nasheed, as if he is the plaintiff,” said Dr Shaheed.

“The report is also very contradictory – it says Nasheed used too much force to try and arrest the police, and then says he should have used the force he was legally allowed to. There is no reference to discontent in the army in any way – evidence that was given [to the commission] by very senior people in the armed forces, and it notes that the Police Act does not refer to ‘mutiny’ by police, which is the same as saying it does not refer to ‘rape’.”

“International members on the commission were not provided access to vital evidence such as CCTV footage from police and army headquarters, or of the MNBC takeover,” Dr Shaheed said. “The draft also  came after the three weeks [Selvam] was on leave, missing interviews which would have provided a different picture.”

“This is what you see when you put the light only in one place – you do not see full picture. The report’s shortcomings are evident in its contradictions. It supports the government’s claims, but does not vindicate what happened. It is very hard to justify what is missing from the report.”

By way of example, Dr Shaheed referred to the Commission’s questioning of Permanent Secretary of the Ministry of Environment, Mr Saleem, over an SMS concerning the distribution of MVR 2.4 million (US$155,640) to the ‘mutinying’ policemen.

“The Commission summoned Mr Saleem. He debunked the message effortlessly, claiming that he did not recall sending such a message,” the report stated.

“He says it didn’t happen and they accept it instantly,” Dr Shaheed challenged.

He  suggested that with the publication of the report, international groups would now “be eager to wash their hands of the Maldives,” – [For example, the Commonwealth is now facing challenges in Gambia].

The MDP would be unwilling to accept the report which would lead to further political turbulence, he predicted.

“This report was the best opportunity to get out of the current situation in a peaceful manner. It is a huge disappointment that will come at great cost to the Maldives,” Dr Shaheed said. “As written, the report endorses direct action and sets a precedent that anyone can overthrow the legitimate government.”

“The report speaks of the need to build institutions, but it condones the violent overthrow of the government which does not set the stage for peaceful reconstruction. This is a setback, but they cannot use a report of this nature to paper over what happened. The MDP is rightly outraged, and we will soon see the true nature of the regime. There are very turbulent times ahead.”

President’s Office Spokesperson Abbas Adil Riza dismissed the MDP’s allegations that the CNI failed to consider key evidence, including phone calls and testimonies – allegations that led Nasheed’s representative on the commission to resign, and the party to challenge its credibility.

“The Commonwealth and UN observers, as well as the members and Judge Selvam, did not agree with Saeed on that point. They said all evidence was taken into account, and the report was compiled according to formal structures they organised,” Riza said.

“The observers met with president and conveyed the message that whatever formalities were performed was international best practice,” he said.

“The government has always maintained its stand that Nasheed will not accept the report or its outcomes, whatever they may be. Nasheed made an agreement with Mckinnon to accept the outcome, whatever the outcome was. Even though he removed his representation, it is already done.”

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President prepares to receive completed CNI report as authorities raise prison unrest fears

President Dr Mohamed Waheed Hassan will make an official statement today concerning the final draft of the Commission of National Inquiry’s (CNI’s) findings as the Commonwealth reiterates hope that all members of the commission’s panel will be “able to agree” on the finished report.

As the opposition Maldivian Democratic Party (MDP) has continued its criticism of an early draft of the Commission’s findings, claiming it fails to meet criteria set by the Commonwealth, authorities have this week been raising concerns about potential violence in response to the release of the CNI report.

Both the Maldives Police Service and the Ministry of Home Affairs have detailed fears of unrest spreading across the Maldives following the reports release, both in the capital and the wider atolls, as well as the country’s prisons.

Once having received the CNI’s report today, President’s Office Media Secretary Masood Imad confirmed that President Waheed would likely be releasing a statement on the findings.  At the time of press, Masood said that no time-line had been given by the CNI panel for when the completed report would be delivered to the president.

Along with the President’s Office, key state institutions like parliament, as well the prosecutor general (PG) and the attorney general will be receiving the report a day ahead of the planned public release.

However, Deputy Prosecutor (PG) General Hussein Shaheem told Minivan News that even if it received the report today, the PG’s office was unlikely to issue a statement itself until the findings had been studied and analysed.

“If the report does come out [today], it will be our responsibility to comprehensively read it and study the findings,” he said. “So far, we are not fond of making statements to the media, particularly without fully reviewing the report.”

Meanwhile, the MDP has itself continued to criticise a draft of the CNI’s finding that it has alleged contain “significant gaps” in the evidence it was provided.  The party has claimed these “gaps”, unless rectified, amount to “non-compliance” of Commonwealth guidelines in line with concerns initially raised by former President Nasheed’s own appointee to the committee, Ahmed ‘Gahaa’ Saeed.

In a statement, the party drew particular concern with the draft findings of CNI Co-Chair, retired Singaporean Judge GP Selvam, claiming they had been put together without the submission of statements from a number of individuals that hold key positions during February 7. These figures included, Former Commissioner of Police Ahmed Faseeh, Brigadier General (Retired) Ibrahim Didi (MNDF Male’ Area Commander on February 7), Brigadier General Ahmed Nilaam and Col. Mohamed Ziyad.

“The MDP shares Mr Saeed’s concerns as to how Judge Selvam’s draft could be complete when the commission has not adhered to its Commonwealth Agreement derived mandate to look into bank statements and telephone records of principal characters involved in 7 February’s questionable transfer of power,” the party stated. “The MDP’s National Executive Committee has previously stated that it will accept the findings of an inquiry that adheres to the guidelines and agreement reached between Mohamed Waheed Hassan Manik and the Commonwealth. MDP notes that the concerns raised by Mohamed Nasheed’s nominee to the Commission signal non-compliance with the rules and spirit of the inquiry commission set forth by the Commonweath Ministerial Action Group. “

However, echoing a statement released Monday (August 27) by the Commonwealth’s Special Envoy to the Maldives, Sir Donald McKinnon, the intergovernmental organisation said that it was calling on “Maldivian stakeholders” to address the CNI’s findings in a calm and responsible manner.

“[The Commonwealth] looks forward to the members of the [CNI] being able to agree on their report, as well as urges all stakeholders in Maldives to respect the Commission’s findings,” Commonwealth Secretariat Spokesperson Richard Uku yesterday clarified.

With the public release of the CNI report set for Thursday (August 30 ) the government and security forces have both expressed concerns over the potential for violence and unrest in the country with the Ministry of Home Affairs raising fears over alleged “plans” by some inmates to create violence in the country’s prisons.

According to Sun Online, Minister of State for Home Affairs Mohamed Fayaz alleged information had been received that inmates were to create violence within prisons at the behest of unidentified political groups.

Fayaz, who also serves as Head of the Department of Penitentiary and Rehabilitation Service (DPRS), claimed that communications with political figures had been facilitated by by mobile phones smuggled into prisons, with inmates suspected of such communication having been separated from other prisoners.

“Military fire capacity and police backup will be available on that day,” he was quoted as telling Sun, adding that additional checks had been carried out at the country’s prison as of yesterday evening.

Fayaz himself was not responding at the time of press, with Minivan News also awaiting a response to questions submitted to Minister of Home Affairs Dr Mohamed Jameel.

Minister of State Fayaz’s comments come days after the Maldives Police Service (MPS) launched an operation to introduce increased scrutiny of Male’s streets and its surrounding waters in order to try and control fears of a potential outbreak of unrest ahead of release of the CNI findings.

Maldives Police Service Assistant Commissioner Hussain Waheed told reporters at the time that authorities had decided to strengthen security across the capital and other islands, in order to “not give any opportunity to create unrest”.

However, Waheed claimed police would provide full support and security services to demonstrations held “peacefully and within the contours of laws”.

Despite the claims, the International Federation for Human Rights (FIDH) NGO this week called for the international community to send observers to Male’ in time for the release of the findings of the Commission of National Inquiry (CNI).

FIDH said that it was “extremely concerned” about the potential for violence in the build up and aftermath of the report’s release.

“The CNI was established in May to determine the nature of the transition of power in February, which led to the so-called resignation of President Mohamed Nasheed,” the NGO stated.  “These events were followed by continuous unrest in the streets of Male’ and severe repression of demonstrations by state security forces. FIDH calls on the international community to immediately send observers to Male’ to prevent further deterioration of the human rights situation in the country.”

Minivan News last night observed minor confrontations between anti-government protesters and police as about a thousand protesters took to Male’s streets ahead of the CNI release.

Police Spokesperson Sub-Inspector Hassan Haneef was not responding to calls at the time of press to clarify if any arrests had been made during the demonstrations.

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